Appeal (civil)

Appeal was a continuation of the original suit and Appellate Court had ample power to scrutinize the documents on the record

Appellate Court while hearing an appeal against an order or judgment or a decree of a Trial Court did exercise the same jurisdiction which vested in the Trial Court

Appellate Court in an appeal could do all that the original Court could do.

Interim order would merge in final judgment and any party aggrieved of interim order might challenge the same while assailing final judgment in appeal

When appeal was filed against ultimate decision then whole case including interim orders passed in the case would reopen and could be challenged before Court of appeal hearing the appeal filed against final decision.

Permissible, provided that appellate forum had the pecuniary jurisdiction to hear the appeal against the decrees according to their valuation i.e. the valuation of the original suit.

Right of appeal could only be availed if the same was granted by law.

Pendency of application for restoration of appeal could not be deemed to be an appeal.

Pendency of application for restoration of appeal could not be deemed to be an appeal.

Principles.

Party should be put on notice of penal action likely to be taken against him, more particularly when such action would take away a substantive right of appellant to file appeal.

Appeal is continuation of original proceedings therefore Appellate Court would have all powers available to Trial Court.

When appeal is filed before Appellate Court, the whole case is reopened and all legal and factual questions can be agitated

Legal point can be raised at any stage of proceedings.

Appellate remedy must be an independent one.

Appeal is continuation of original proceedings.

Such objection could not be allowed at stage of appeal.

Principles.

Right of appeal must be provided so as to add check and balance against illegal orders or actions taken in sheer abuse of jurisdiction by authorities sitting on helm of affairs or for correct application of law.

When the reasons would not be forthcoming, the appellate court would be deprived of the views of the subordinate court.

Appeal is a continuity of original proceedings of a suit.

Appeal being a substantive and statutory right vested in an aggrieved person, who either himself or through his authorised representative could file same before forum provided by law

Appeal not filed by an aggrieved person, himself or through his authorised representative would not be maintainable in law

Illustration.

On filing of an appeal the entire matter reopens and becomes sub judice and has to be decided in accordance with law prevalent

If a ground is raised but not pressed, which relates to fundamental-question, same can be considered by the Court in appeal.

Stranger to a suit or a proceeding can file an appeal if he is adversely affected by an order in the suit or proceeding.

Judgment of Appellate Court, if not violative of principles of administration of justice or arbitrary or fanciful, should be preferred.

Principles.

Party aggrieved of interim order may challenge same while assailing final judgment in appeal.

If court had jurisdiction to hear appeal, then such defect could be ignored and appeal could be considered on merits.

Appellant could not add, alter or delete any party from proceedings as per his whim and wish.

Evasive reply to averments made in appeal would not be considered denial in law.

Evasive reply to averments made in appeal would not be considered denial in law.

Such right is not a natural or an inherent right of litigants, but is a statutory right granted by different laws under different enactments

Such right must be considered and examined in the light of conditions prescribed by law granting such right

Every order and decision is not appealable under C.P.C. and Cr.P.C.

Granting of interim order without deposit of decretal amount is prohibited under some provisions of C.P.C.

Appellate Court could not grant such relief as appeal being continuation of original proceedings and Appellate Court having same powers which original forum had, no appeal could be successfully maintained to get such relief

Civil Procedure Code (V of 1908), S.107(2).

Appeal to Appellate Court being a complaint against Court of original jurisdiction, duty of Appellate Court stated. An appeal to a Court is like a complaint filed to the Appellate Court with the allegations that the applicant has not been treated in accordance with law by the Court of original jurisdiction or that an illegality or material irregularity or mis-exercise or non-exercise of jurisdiction has been committed in his case. The Appellate Court is required, to check the whole record in the light of such complaint (appeal) and has to see whether the jurisdiction was properly exercised; whether evidence was properly read; and whether the law and rules were properly applied in the circumstances of the case before the Court.

Under the law, it was the decree, which had to be challenged in appeal and forum of appeal should be as per value mentioned therein.

Such right is not a natural or an inherent right of litigants, but is a statutory right granted by different laws under different enactments

Such right must be considered and examined in the light of conditions prescribed by law granting such right

Every order and decision is not appealable under C.P.C. and Cr.P.C.

Granting of interim order without deposit of decretal amount is prohibited under some provisions of C.P.C.

Appeal being a continuation of the process of civil suit, had to be heard and decided with same spirit.

Altogether a new plea cannot be raised before Court of appeal.

Even though no period of limitation was prescribed in the Limitation Act, 1908 or under relevant provisions of Civil Procedure Code, but practice had developed and the Courts insisted upon the observance of the same by litigant public to seek revisional jurisdiction of the High Court within a period of ninety days, the period fixed for availing Appellate jurisdiction of High Court

Party availing revisional jurisdiction beyond such period was required to explain such delay.

Grounds taken in appeal, if not urged, would not be deemed to have been pressed.

Factual controversy could only be resolved by sifting evidence on record.

Factual controversy could only be resolved by sifting evidence on record.

Periods of limitation for filing first appeal before High Court, provided in a special law and general law were different as in the case of decree passed by Banking Tribunal, an appeal was to be filed within thirty days while under ordinary law, first appeal lay to High Court within a period of ninety, days.

All questions of law and fact would be open to consideration by Court of appeal.

Appellate Court has same powers, which are enjoyed by Court of original jurisdiction.

Plea not taken in grounds of appeal before First Appellate Court could not be taken at the time of hearing of second appeal before High Court

Civil Procedure Code (V of 1908); Ss. 96 & 100)

Provincial Employees' Social Security Ordinance (X of 1965), Ss. 59 & 64.

Order impugned, in the present case was an interim order which was being continued by consent, land still had not been made absolute, as application was still pending

Where the Court was seized of a matter within its jurisdiction, Appellate Court would not intervene at such a stage merely on the ground that some rules of procedure were not followed.

Whole case opens and becomes the subject of discussion before appellate forum in absence of any limitation in relevant laws confining the scope of appeal.

Regular first appeal does not lie against an order.

Court is not competent to pass any effective judicial order, unless the appeal is regarded as a duly constituted proceeding.

Foam of civil appeal was to be determined in accordance with the value of the suit as mentioned in the plaint irrespective of fixation of price of disputed property by the Trial Court.

Forum of civil appeal was to be determined in accordance with the value of the suit as mentioned in the plaint irrespective of fixation of price of disputed property by the Trial Court.

An appeal could either be time-barred or premature, but it could not be time-barred and premature at the same time as the two terms were contradictory to each other.

Decision of the question whether the person filing appeal had the authority to file the appeal to be made by taking into consideration all the materials and documents available on the record and not in isolation of any of those to the exclusion of others.